[HISTORY: Adopted by the City Council of
the City of Monessen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-18-1990 by Ord. No. 4-1990]
No individual, person, firm, corporation or
agent thereof shall lease, let, rent and/or occupy any real property
or separately secured portions thereof or allow another to lease,
let, rent and/or occupy any real property or separately secured portions
thereof within the City of Monessen, Westmoreland County, Pennsylvania,
without the legal or equitable owner of the subject property first
obtained an occupancy permit from the designated city official of
the City of Monessen, Westmoreland County, Pennsylvania.
The legal or equitable owner or agent thereof of any real property or separately secured portion thereof located within the City of Monessen, Westmoreland County, Pennsylvania, shall report any change in the use or occupancy of said subject property pursuant to § 313-3. However, a legal or equitable owner of a hotel, inn or boardinghouse shall not be required to report an individual, person, firm or corporation as a tenant until said tenant has occupied the subject property for a period exceeding 30 days.
[Amended 3-24-1993 by Ord. No. 4-1993; 2-21-1996 by Ord. No.
13-1995; 2-18-1998 by Ord. No. 2-1998]
A.
An individual, person, firm, corporation or agent
thereof seeking an occupancy permit or reporting a change of status
shall file an application with the designated city official of the
City of Monessen, Westmoreland County, Pennsylvania, no less than
seven days immediately prior to occupation of the subject property,
setting forth the following information:
(1)
The owner's legal name and address.
(2)
Specific location of the subject property.
(3)
Name and ages of all proposed occupants.
(4)
The nature of the proposed use of the subject property.
(5)
Date of occupancy.
(6)
The social security number of the residents who shall
occupy the subject property.
(7)
Attaching to said application a letter from the Treasurer
of the City of Monessen setting forth all garbage fees have been paid
in full for the year completed prior to the occupancy of the subject
property. No individual, person, firm, corporation or agent thereof
shall be granted any permit issued by the City of Monessen until such
time as written proof by the Office of the City Treasurer that all
garbage fees and/or all moneys owed to the city are current.
[Amended 12-15-1999 by Ord. No. 10-1999]
B.
Said application shall be accepted by the designated
city official of the City of Monessen, Westmoreland County, Pennsylvania
upon payment of an occupancy permit fee in an amount as set from time
to time by resolution of the City Council.
C.
In the event that the subject property becomes vacant
or changes use of occupancy without the prior knowledge of the owner,
said change in status shall be reported as aforesaid to the designated
city official of the City of Monessen, Westmoreland County, Pennsylvania,
within 10 days of the change in status.
[Amended 2-18-1998 by Ord. No. 2-1998]
Upon receipt of the completed application and
the occupancy permit fee as set from time to time by resolution of
the City Council, the designated city official of the City of Monessen,
Westmoreland County, Pennsylvania, is authorized and empowered to
inspect the subject property for compliance with all relevant ordinances
of the City of Monessen, Westmoreland County, Pennsylvania.
A.
In the event that the inspection of the subject property
by the designated city official of the City of Monessen, Westmoreland
County, Pennsylvania, reveals that the subject property is in compliance
with all relevant ordinances of the City of Monessen, Westmoreland
County, Pennsylvania, the designated city official shall forthwith
issue a permit of occupancy to the legal or equitable owner of the
subject property.
B.
In the event that the inspection of the subject property
by the designated city official reveals that the subject property
is not in compliance with all relevant ordinances of the City of Monessen,
Westmoreland County, Pennsylvania, said designated city official shall
provide the owner with a specific list of violations along with a
reasonable time period in which the property owner shall bring said
property into compliance. The subject property shall remain unoccupied
until the occupancy permit is granted. Said property shall be subject
to inspection by the designated city official at regular intervals
to determine the extent of compliance and subject to penalties for
noncompliance as set forth in the relevant ordinances of the City
of Monessen, Westmoreland County, Pennsylvania.
C.
In the event that the inspection of the subject property by the designated
City official reveals that the subject property is not compliance
with all relevant ordinances of the City of Monessen, Westmoreland
County, Pennsylvania, and said designated City official shall have
provided the owner with a specific list of violations and a reasonable
time period in which the property owner shall bring said property
into compliance, no permit of occupancy shall be issued by the designated
City official to the legal or equitable owner of the subject property
until the designated City official has received payment of an occupancy
permit fee in an amount as set from time to time by the City Council.
[Added 10-17-2012 by Ord. No. 7-2012]
D.
The individual, person, firm, corporation or agent thereof seeking
an occupancy permit shall be required to pay the reinspection fee
each time the designated City official reinspects the subject property
for compliance with all relevant ordinances of the City of Monessen,
Westmoreland County, Pennsylvania.
[Added 10-17-2012 by Ord. No. 7-2012]
E.
At the time of enactment of this subsection, the reinspection fee
is set in the amount of $25. The reinspection fee may be modified
from time to time by resolution of the City Council.
[Added 10-17-2012 by Ord. No. 7-2012]
[Amended 10-17-2012 by Ord. No. 7-2012]
Upon conviction before a Magisterial District
Judge within the judicial district wherein the subject property is
located, any individual, person, firm, corporation or agent thereof
in violation of any provision of this article shall be subject to
a fine not more than the maximum fine established for the conviction
of a summary offense as set forth in 18 Pa.C.S.A. § 1101,
as amended, and/or subject to imprisonment for a term not to exceed
the maximum imposed for summary offenses as set forth 18 Pa.C.S.A.
§ 1105, as amended, at the discretion of the Court. Each
day that a violation continues after due notice thereof shall be deemed
a separate offense.
[Added 7-17-1996 by Ord. No. 5-1996]
All real estate sales representatives, real
estate agents and real estate brokers must notify purchasers of improved
real estate of the city's requirement to obtain an occupancy permit
prior to occupying any real estate in the City of Monessen. After
said notice, said representative, agent or broker must file a written
certification to the city of said notification.
[Added 6-7-2004 by Ord. No. 2-2004]
A.
"Student housing" shall be any living quarters offered
to or occupied by a student situate within the City of Monessen whose
educational facility is located within the City. Upon reasonable demand
by the Monessen Code Enforcement Office, a school or educational facility
thus qualified shall certify that said accommodations are solely used
for students who are registered, enrolled and in good standing with
the educational facility.
B.
Inspection. The City of Monessen Code Enforcement
Office shall inspect such qualified educational dwelling quarters
and the owner thereof shall pay the established fee once each calendar
year which shall run from January 1 through December 31.
[Adopted 1-15-2003 by Ord. No. 1-2003]
The purpose of this article is to protect the
public health, safety and general welfare of the residents of the
City of Monessen, including, but not limited to:
A.
The protection of the character and stability of residential
areas.
B.
The correction and prevention of housing conditions
that adversely affect or are likely to adversely affect the life,
safety, general welfare and health, including the physical, mental
and social well-being of persons occupying dwellings and adjoining
or neighboring properties.
C.
The prevention of the overcrowding of dwellings.
D.
The prevention of slums and blight.
E.
The preservation of the value of land and buildings
throughout the City.
The following terms in this article are defined
as follows:
- BUILDING CODES
- Any code or ordinance adopted, enacted and/or in effect in
and for the City of Monessen concerning fitness for habitation, the
construction, maintenance, operation, occupancy, use or appearance
of any unit, premises or building and/or fire prevention, housing
standards and municipal waste, including but not limited to all applicable
federal and state codes and regulations. Also included within, but
not limited by, this definition are the following which are in effect
as of the date of enactment of this article: International Building
Code; International Plumbing Code; International Property Maintenance
Code; International Fire Code; International Electrical Code; Floodplain
Management Ordinance; Weed and Vegetation Control Ordinance; Sidewalk
Maintenance Ordinance; Ice Removal Ordinance; Solid Waste and Recycling
Ordinance; Zoning Ordinance; and any duly enacted amendment or supplement
to any of the above and any new enactment falling within this definition.[Amended 10-17-2012 by Ord. No. 6-2012; 6-11-2014 by Ord. No. 3-2014]
- CITY
- The City of Monessen, Westmoreland County, Pennsylvania.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the City of Monessen or any
other person or entity designated by the City Council of the City
of Monessen to perform the duties of the Code Enforcement Officer
as set forth in this article.[Added 10-17-2012 by Ord. No. 6-2012; amended 6-11-2014 by Ord. No. 3-2014]
- HOTEL
- A building or structure operated in compliance with all applicable state and federal laws and regulations, and the operator of which is licensed by state or county, which is held out to the public as a place where all transient persons who will come will be received as guests for compensation, and which actually operates as such, and which opens its facilities to the public as a whole rather than limited accessibility to a well-defined or limited private group. The definition includes a motel.
- MOTEL
- See "hotel."
- OWNER
- The owner or owners of the fee simple title of a rental unit or of a beneficial and equitable interest therein or a lesser estate thereon. The following person, persons, firms or corporations are included in the definition of owner of a rental unit: a mortgagee or vendee in possession, assignee of rents, receiver, executor, administrator, trustee, lessee, agent or any other person, firm, corporation, partnership or other entity directly or indirectly in control of a structure, dwelling, building in which a rental unit is located or of an individual rental unit.
- PERSON
- A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
- RENTAL UNIT
- A room or group of rooms within a building or structure which
is either rented, leased, let or hired out to be occupied or is occupied,
for which the owner of the rental unit receives any value, including,
but not limited to, money or the exchange of services, as the temporary
or permanent residence or house of one or more individuals. An owner-occupied
unit can be a rental unit if any part thereof is rented, leased, let
or hired out to be occupied or is occupied, in exchange for a value,
including, but not limited to, money or the exchange of services,
as the temporary or permanent residence or house of one or more individuals.
Each rental unit within a building is a separate unit requiring a
license.[Amended 10-17-2012 by Ord. No. 6-2012; 6-11-2014 by Ord. No. 3-2014]
- TENANT
- An individual who rents, leases, hires or occupies a rental unit, whether for a consideration or not, as a temporary or permanent residence.
A.
Every owner of a rental unit, as above defined, shall
file with the City Code Enforcement Officer, within 60 days after
the adoption of this article, a written registration statement on
forms to be supplied by the City Code Enforcement Officer, containing
the following information:
(1)
A description of the rental unit by street number,
tax I.D. parcel number and apartment number or other indicia sufficient
to distinguish the rental unit from all others.
(2)
The name and residence and business address of such
owner, together with his residence and business telephone number or,
if such owner is a corporation, the name, telephone number and address
of such corporation and the name, residence and business address of
all officers thereof, together with the residence and business telephone
numbers of the corporation's officers.
[Amended 10-17-2012 by Ord. No. 6-2012; 6-11-2014 by Ord. No. 3-2014]
(a)
If the owner of the rental unit is a partnership, the written registration
statement shall include the name, residence address, business address,
and residents and business telephone numbers of all natural persons
who are partners. If an entity other than a natural person is a partner,
then the written registration statement shall contain the name and
residence and business address, and residence and business telephone
number of all natural persons who are officers of that entity;
(b)
If an owner is a limited liability company, then the written registration
statement shall contain the name and residence and business address,
and residence and business telephone number of all natural persons
who are organizers. If an organizer is an entity other than a natural
person, then the written registration statement shall include the
name and business and residence address, and residence and business
telephone numbers of all natural persons who are principals thereof;
(c)
If an owner is a business trust, then the written registration statement
shall include the name, residence and business address, and residence
and business telephone numbers of the settlor, the trustee and the
beneficiaries of the trust.
(3)
The number of tenants the owner proposes to have occupy
the rental unit.
(4)
Designation of managing agent:
(a)
The name, residence, business address and residence
and business telephone numbers of a natural person, 21 years of age
or over, who resides within the City or a radius of 15 miles surrounding
the City and who shall be designated by such owners as a managing
agent who may be accessible regarding maintenance and operation of
such rental unit and who shall be designated as the person upon whom
process may be served on behalf of the owner. The managing agent shall
keep a current record of all the tenants, and their names and addresses,
who are renting, leasing or living in each rental unit on the premises.
This list shall be available for inspection by the Code Enforcement
Officer at reasonable times at a location within the City. There shall
be endorsed upon the registration statement a written consent to such
designation as managing agent signed by such managing agent. An owner
who is a natural person and who resides within the City or a radius
of 15 miles surrounding the City and otherwise meets the requirements
of this subsection may designate himself as such managing agent.
(b)
Nothing contained in this section shall be construed
as preventing a corporation, which is an owner of a rental unit, from
designating as its managing agent with respect thereto any officer
of such corporation who meets the requirements of this subsection
as to the location of the residence of a managing agent.
(c)
Any designation as managing agent made pursuant
to the provisions of this section shall remain in full force and effect
until changed or terminated as hereinafter provided.
(5)
Where, after the filing of any registration statement
in relation to any rental unit under the applicable provisions of
this article, the owner of such rental unit shall have granted or
transferred his right, title or interest therein or in any part thereof,
such owner shall file with the City Code Enforcement Officer, within
10 days after such grant or transfer, a written statement which shall
contain the name, residence and business address, and residence and
business telephone numbers of the grantee, transferee or other successor
of such right, title or interest, or if such grantee, transferee or
successor is a corporation, the name, telephone number and address
of such corporation.
(6)
Where, after the filing of any registration statement
with the City Code Enforcement Officer pursuant to the applicable
provisions of this section, any change, other than a designation of
a different managing agent or a change of ownership or interest, occurs
in any name, residence or business address, list of officers or telephone
number(s) or any other information required to be included in such
statement, the owner, within 10 days after such change, shall file,
in duplicate, on forms to be furnished by the City Code Enforcement
Officer, a statement setting forth the particulars of such change
so as to supply the information necessary to make currently correct
the last registration statement filed pursuant to the applicable provisions
of this article.
(7)
Any designation of a managing agent made pursuant
to the applicable provisions of this article shall cease to be effective
if such agent shall die or be judicially declared incompetent.
(8)
Any owner may terminate the designation of a managing
agent by filing with the City Code Enforcement Officer a written designation
of a new managing agent made in conformity with the provisions hereinabove.
(9)
If any owner shall fail to file a designation of a
new managing agent with the City Code Enforcement Officer in conformity
with the provisions herein and within the following time periods,
such owner shall be guilty of a violation of this article:
(a)
On or before the effective date of a notice
of termination or within three business days after an owner receives
a notice of termination from a managing agent or other termination
of a written designation, or 15 days after any such agent shall die
or be judicially declared incompetent.
B.
Any registration statement or designation of a managing
agent required to be filed with the City Code Enforcement Officer
under the provisions of this article shall be signed by an owner or,
if such owner is a corporation, by an authorized officer thereof.
C.
Any such registration statement or designation of
a managing agent shall be deemed prima facie proof of the statements
therein contained in any prosecution or litigation instituted by the
City or any department, commission, agent or authority thereof against
the owner or managing agent of a rental unit.
It shall be unlawful for any person, firm or
corporation to conduct or operate or cause or permit to be rented
or occupied either as owner, lessee, agent or manager within the City,
any rental unit without having first obtained a license or temporary
certificate to do so as hereafter provided.
A.
On or before June 30, 2003, and each year thereafter,
the owner of each rental unit existing on the effective date of this
article shall make written application, on forms prescribed therefor
to the City Code Enforcement Officer, containing such information
as necessary to administer and enforce and to insure compliance with
the provisions of this article and the building codes in their entirety.
The application shall specify the rental unit the owner desires permission
to operate or rent, as well as the total number of tenants the owner
requests permission to have occupy the rental unit.
B.
In addition, the owner of each rental unit constructed
or proposed to be rented, occupied or used after the effective date
of this article but not yet existing, rented or occupied as such shall
make written application to the Code Enforcement Officer for a license
as herein provided prior to any initial occupancy.
A.
Upon receipt of a completed application for a license
for an existing and occupied rental unit with tender of the appropriate
license fee as hereinafter provided, the City Code Enforcement Officer
shall issue a temporary certificate indicating that a license has
been duly applied for, and that such license shall be issued or denied
after the building, including but not limited to, interior portions
thereof intended or used for human habitation, have been inspected
for compliance with the provisions of this article and the building
codes. A temporary certificate, as issued, shall authorize continued
occupancy of such rental unit in actual existence and use on the effective
date of this article pending the issuance or denial of the applied
for license.
B.
Units proposed to be rented, occupied or used or for
which construction is to be completed for use as or conversion to
a rental unit after the effective date of this article, but not yet
so used or occupied, shall not be occupied for human habitation as
a rental unit prior to issuance of a license.
A.
Upon completion of the inspection of the building
or buildings, if the City Code Enforcement Officer finds the requirements
of this article and the building codes have been met, a license shall
be issued. Such license shall identify the unit which is authorized
for operation and occupancy as a rental unit as well as the total
number of tenants which may lawfully occupy the rental unit. It shall
be a violation of this article to occupy, use or permit the occupancy
or use of a unit not covered by or contrary to a duly issued license.
B.
If the Code Enforcement Officer finds that the requirements
of this article or building codes have not been met, a written denial
specifying the defects shall be transmitted to the applicant. When
a license has been denied, expired, suspended or revoked, no further
rental or occupancy of rental units then vacant or which may become
vacant shall be permitted until a license has been issued. It shall
be the owner's responsibility to remove all tenants occupying a rental
unit for which a license is denied, expired, suspended or revoked.
C.
The rental units within a structure which are in compliance
with this article and building codes may continue to be occupied if
units or other areas in other portions of the structure which do not
comply do not create any hazard to the health, safety or welfare to
the persons in the occupied units.
Unless sooner revoked or suspended for cause,
each license shall expire on June 30 of each year and may be renewed
for successive one-year periods.
A license issued hereunder is transferable,
for a fee of $2, to any owner who has acquired ownership of a licensed
rental unit for the unexpired portion of the one-year term for which
it was issued or reissued, provided that the application to transfer
such license is timely filed with the City Code Enforcement Officer
for change of ownership and the licensed rental unit is in compliance
with this article and City building codes. A license shall terminate
upon failure to apply for its transfer within 30 days of the date
of sale or transfer of ownership of the rental unit.
A.
A license shall be suspended upon a finding by the
City Code Enforcement Officer that one or more of the requirements
of this article or the building codes have been violated. The Code
Enforcement Officer shall give written notice to the license holder
of such violations. Service upon a managing agent shall be deemed
service upon the license holder.
B.
Said written notice may be served upon the owner or
such owner's managing agent by any of the following methods:
(1)
Personal service by hand delivery.
(2)
Certified mail, return receipt requested.
(3)
By handing a copy at the residence of the owner, or
the managing agent, to an adult member of the family with whom such
person resides; but if no adult member of the family is found, then
to an adult person in charge of such residence.
(4)
By handing a copy at any office or usual place of
business of the owner or the managing agent to their agent or to the
person for the time being in charge thereof.
C.
Upon failure of the license holder to correct the
violations stated in the notice of violation within 30 days, or such
shorter time as designated by the City Code Enforcement Officer, the
license may be revoked. A suspended license may be reinstated upon
meeting the requirements of the building codes. Issuance of a new
license after revocation shall be subject to payment of the full amount
of the applicable license fee and the procedures for issuance set
forth above.
Licenses issued under this article shall be
prominently and publicly displayed on the premises of the structure
or produced on the request of a tenant or prospective tenant and shall
be available at reasonable times for inspection by the City Code Enforcement
Officer at a location within the City of Monessen.
A.
Fees established.
[Amended 10-17-2012 by Ord. No. 6-2012; 6-11-2014 by Ord. No. 3-2014]
(1)
At
the time of application for the license or for license renewal required
by this article, the Code Enforcement Officer shall collect the following
license fee for each rental unit:
(a)
If the owner resides in the City of Monessen or surrounding areas
(i.e., Belle Vernon, North Belle Vernon, Charleroi, North Charleroi,
Carroll Township, Donora, Lynnwood, and Rostraver Township) or maintains
its principal place of business within the City of Monessen: $25 per
unit.
(b)
If the owner resides outside the City of Monessen or surrounding
areas (i.e., Belle Vernon, North Belle Vernon, Charleroi, North Charleroi,
Carroll Township, Donora, Lynnwood, and Rostraver Township) and has
designated a property manager who resides in the City of Monessen:
$100 per unit.
(c)
If the owner resides outside the City of Monessen or surrounding
areas (i.e., Belle Vernon, North Belle Vernon, Charleroi, North Charleroi,
Carroll Township, Donora, Lynnwood, and Rostraver Township) and has
not designated a property manager who resides within the City of Monessen:
$250 per unit.
(2)
By
resolution, City Council may modify the amount of the license fees
stated herein.
B.
The license fee shall be tendered with the application
for rental unit license and annually thereafter on or before the date
of license renewal. The license fee shall be subject to a one-percent
penalty per month, or any portion thereof, beyond the date due and
payable. No refund of license fee shall be made to those discontinuing
operation or who sell, transfer, give away or otherwise dispose of
a licenses rental unit to another person. If an application is denied,
the license fee will be returned to the applicant.
City Council may, by resolution, categorize
and/or classify and recategorize and/or reclassify rental units in
the City and modify application or other deadlines under this article
so as to stagger inspections of rental units.
A.
Hardship Committee. City Council shall establish and/or
designate, by resolution, a Hardship Committee to hear and determine
requests for financial hardship exemptions from the license fees established
hereunder. Said Committee shall consist of three or more City residents,
one of which shall be a member of Council. Committee members may be
removed and/or replaced by motion of Council for any and/or no reason.
Vacancies shall be filled by motion of Council. Committee members
are to serve for no pay; however, Council may authorize reimbursement
of members for reasonable expenses incurred in performing such functions,
by motion. The Committee shall establish procedures, guideline and
forms to apply for and for the review and determination of applications
for the exemption. At a minimum, the Committee shall require and review
documentary verification of income and expenses of applicants for
the exemption to be available.
B.
Exclusions. The requirements of this article shall
not apply to any person excluded or exempted by law from application
of the requirements of this article, nor to hotels, motels nor nursing
homes, as nursing homes are defined in the Zoning Ordinance of the
City; provided, however, that this exclusion shall not be available
for and this article shall be fully applicable to any and all hotels
and/or motels which permit or suffer continued occupancy by one or
more tenants for a period in excess of three consecutive months. Such
hotel and/or motel shall lose this exclusion and shall comply with
the terms of this article within 10 days of such occurrence.
At the time of application for the rental unit
license and all renewals, it shall be the duty of every owner of a
rental unit within the City to certify to and file with the City Code
Enforcement Officer a list of the names of all lessees, tenants and
occupants, as well as their permanent addresses and the telephone
number for such permanent addresses, for each rental unit, whether
licensed or not. Where any change occurs in any tenant(s) or lessee(s)
name or residence, the owner, within 10 days after such change, shall
certify the same to the City Code Enforcement Officer so as to supply
the information necessary to make currently correct the last tenant
list filed by the owner.
The obligation to apply for and obtain a license
and pay a license fee for a rental unit license shall not apply to
any owner currently holding a valid license under another City ordinance
which is rescinded by the adoption hereof until the expiration or
other termination of such current license; provided, however, that
all other requirements under this article shall apply to and be complied
with by all rental unit owners.
A.
Every owner of a rental unit in the City who willfully
or negligently fails to register a rental unit, pay the license fee,
license a rental unit or file a list of tenants and occupants shall
be liable for, in addition to other penalties herein provided, the
payment of all sewer rents and charges as levied by the City, together
with all penalties, costs, interest and lien charges. This provision
shall in no way modify or nullify any others persons' or tenants'
liability for the same.
B.
The Code Enforcement Officer shall not issue a license
or temporary certificate as to such property until all such delinquent
charges, penalties, costs, interest and lien charges have been paid
in full.
Any owner violating any of the provisions of
this article or providing or filing any false information required
pursuant to this article shall, upon conviction thereof in a summary
proceeding before a District Justice, be subject to a fine of not
more than $1,000, together with the costs of prosecution, and in default
of payment thereof, shall be subject to imprisonment for not more
than 30 days. Each day that a tenant resides in an unlicensed rental
unit shall constitute a separate violation.
If any rental unit is owned by more than one
person in any form of joint tenancy as partnership or otherwise, each
person, including each corporate officer of a corporate owner, shall
be jointly and severally subject to prosecution and liability for
a violation of this article.
